General Code of Ordinances for Marathon County Chapter 22, -Wetland, and Code June 2016
TABLE OF CONTENTS TABLE OF CONTENTS... i TITLE 1 SHORT TITLE, PURPOSE AND SCOPE... 1 Chapter 22.101 General... 1 Section 22.101.01 Title... 1 Section 22.101.02 Statutory Authorization... 1 Section 22.101.03 Finding of Fact... 1 Section 22.101.04 Purpose and Intent... 1 Section 22.101.05 Interpretation... 2 Section 22.101.06 Conflict... 3 Section 22.101.07 Inconsistencies... 3 Section 22.101.08 Compliance with other Applicable Regulations... 3 Section 22.101.09 Validity and Separability... 3 Section 22.101.10 Repealer... 3 Section 22.101.11 Abrogation and Greater Restrictions... 3 Section 22.101.12 Effective Date... 4 Table of Contents Title 1 TITLE 2 SHORELAND... 5 Chapter 22.201 Areas to be Regulated... 5 Section 22.201.01 Lakes, Ponds and Flowages... 5 Section 22.201.02 Navigable Rivers and Streams... 5 Section 22.201.03 Wetland Maps... 5 Section 22.201.04 Determination of Navigability... 5 Section 22.201.05 Areas Exempt from Zoning Ordinance... 6 Chapter 22.202 - Wetlands... 7 Section 22.202.01 Purpose... 7 Section 22.202.02 Designation... 7 Section 22.202.03 Locating Wetland Boundaries... 7 Section 22.202.04 Permitted Uses... 7 Section 22.202.05 Prohibited Uses... 9 Section 22.202.06 Rezoning of Lands in the -Wetland District... 10 Chapter 22.203 Land Division... 11 Section 22.203.01 Review of Land Division... 11 Section 22.203.02 Planned Residential Unit Development (PUD)... 11 Section 22.203.03 Minimum Lot Size... 12 Section 22.203.04 Determination of Average Lot Width... 12 Section 22.203.05 Substandard Lots... 12 Chapter 22.204 Structure Setbacks and Height... 13 Section 22.204.01 Structure Setback from Ordinary High Water Mark... 13 Section 22.204.02 Exempt Structures from Setbacks... 13 Section 22.204.03 Reduced Principle Structure Setbacks... 15 Section 22.204.04... 15 Section 22.204.05 Height within 75 Feet of the Ordinary High Water Mark... 15 i
Section 22.204.06 Methods of Measurement... 15 Table of Contents Title 1 Chapter 22.205 Vegetation... 16 Section 22.205.01 Purpose... 16 Section 22.205.02 Establishment of a Vegetation Buffer... 16 Section 22.205.03 Permitted Maintenance in Vegetation Buffer Zone... 17 Section 22.205.04 Violation of Vegetation Buffer Zone and/or Filling, Grading or Excavating... 17 Chapter 22.206 Filling, Grading and Excavating... 18 Section 22.206.01 Filling, Grading & Excavating less than one (1) acre... 18 Section 22.206.02 Filling, Grading & Excavating equal to or greater than 1 acre... 19 Chapter 22.207 Impervious Surface Standards... 20 Section 22.207.01 Purpose... 20 Section 22.207.02 Calculation of Percentage of Impervious Surface... 20 Section 22.207.03 General Standards... 20 Section 22.207.04 Standards for Highly Developed Shorelines... 21 Section 22.207.05 Maximum Impervious Surface... 21 Section 22.207.06 Treated Impervious Surfaces... 21 Section 22.207.07 Existing Impervious Surfaces... 22 Chapter 22.208 Non-Conforming Structures and Uses... 23 Section 22.208.01 Discontinued Non-conforming Use... 23 Section 22.208.02 Maintenance, Repair, Replacement, or Vertical Expansion of Non-conforming Structures... 23 Section 22.208.03 Lateral Expansion of Non-conforming Principal Structures within the Setback... 23 Section 22.208.04 Expansion of a Non-conforming Principle Structure beyond Setback... 24 Section 22.208.05 Relocation of Non-Conforming Principle Structure... 24 Section 22.208.06 Maintenance, Repair, Replacement, or Vertical Expansion of structures that were authorized by variance... 24 Chapter 22.209 Mitigation... 25 Section 22.209.01 General Standards... 25 Section 22.209.02 Mitigation Options... 25 Chapter 22.210 Demolition Permits... 27 Section 22.210.01 Purpose... 27 Section 22.210.02 Requirements... 27 TITLE 3 FLOODPLAIN... 28 Chapter 22.301 General... 28 Section 22.301.01 Statutory Authorization... 28 Section 22.301.02 Finding of Fact... 28 ii
Section 22.301.03 Statement of Purpose... 28 Section 22.301.04 Areas to be Regulated... 28 Section 22.301.05 Official Maps... 29 Section 22.301.06 Establishment of Zoning Districts... 30 Section 22.301.07 Locating Boundaries... 30 Section 22.301.08 Removal of Lands from... 30 Section 22.301.09 Compliance... 30 Section 22.301.10 Municipalities and State Agencies Regulated... 31 Section 22.301.11 Abrogation and Greater Restrictions... 31 Section 22.301.12 Interpretation... 31 Section 22.301.13 Warning and Disclaimer... 31 Section 22.301.14 Severability... 31 Section 22.301.15 Annexed Areas for Cities and Villages... 31 Chapter 22.302 General Standards... 32 Section 22.302.01 General Standards Applicable to all Districts... 32 Section 22.302.02 Hydraulic and Hydrologic Analyses... 32 Section 22.302.03 Watercourse Alterations... 32 Section 22.302.04 Chapter 30, 31, WI Statues, Development... 32 Section 22.302.05 Public or Private Campgrounds... 33 Chapter 22.303 Floodway District (FW)... 34 Section 22.303.01 Applicability... 34 Section 22.303.02 Permitted Uses... 34 Section 22.303.03 Standards for Development... 34 Section 22.303.04 Prohibited Uses... 36 Chapter 22.304 Floodfringe District (FF)... 37 Section 22.304.01 Applicability... 37 Section 22.304.02 Permitted Uses... 37 Section 22.304.03 Standards for Development in the Floodfringe District... 37 Table of Contents Title 1 Chapter 22.305 Other Districts... 40 Chapter 22.306 General District (GFP)... 40 Section 22.306.01 Applicability... 40 Section 22.306.02 Permitted Uses... 40 Section 22.306.03 Standards for Development... 40 Section 22.306.04 Determining Floodway and Floodfringe Limits... 41 Chapter 22.307 Non-conforming Uses... 42 Section 22.307.01 General... 42 Chapter 22.308 Floodway District... 45 Section 22.308.01 General... 45 Chapter 22.309 Floodfringe District... 46 Section 22.309.01 General... 46 iii
Table of Contents Title 1 TITLE 4 ADMINISTRATION... 47 Chapter 22.401 Administrative Organization and Responsibilities... 47 Section 22.401.01 Zoning Administrator... 47 Section 22.401.02 Zoning Permit... 48 Section 22.401.03 Review and Issuance of Permit... 48 Section 22.401.04 Expiration of Permits... 49 Section 22.401.05 Hydraulic & Hydrologic Studies to Analyze Development... 50 Section 22.401.06 Certificate of Compliance... 53 Section 22.401.07 Other Permits... 53 Section 22.401.08 Zoning Agency... 53 Section 22.401.09 Board of Adjustment... 54 Section 22.401.10 Appeals to the Board... 54 Section 22.401.11 Boundary Disputes... 55 Section 22.401.12 Variance... 55 Section 22.401.13 Review Appeals of Permit Denials... 56 Section 22.401.14 Floodproofing Standards of Non-conforming Structures or Uses... 56 Section 22.401.15 Public Information... 57 Section 22.401.16 Schedule of Fees... 57 Section 22.401.17 Conformance with Approved Site Plan... 57 Chapter 22.402 Amendments... 58 Section 22.402.01 Establishment of Zoning Districts... 58 Section 22.402.02 General... 58 Section 22.402.03 Procedures... 59 Chapter 22.403 Enforcement and Penalties... 60 Section 22.403.01 Enforcement and Penalties... 60 TITLE 5 DEFINITIONS... 61 Chapter 22.501... 61 Section 22.501.01... 61 Chapter 22.502... 63 Section 22.502.01... 63 iv
TITLE 1: Title 1: SHORT TITLE, PURPOSE AND SCOPE Chapter 22.101 Section 22.101.01 Title This chapter shall be known and cited as the County of Marathon, Wisconsin, -Wetland, and Code. Section 22.101.02 Statutory Authorization General This ordinance is adopted pursuant to the authorization in ss. 59.692 Wis. Stats to implement 59.69, 59.692, 59.694, 87.30, 236.45, and 281.31. The provisions of this chapter apply to regulation of the use and development of unincorporated shoreland areas. Unless specifically exempted by law, all cities, villages, towns, counties and, when s. 13.48 (13), Stats. applies, state agencies are required to comply with, and obtain all necessary permits under, local shoreland ordinances. The construction, reconstruction, maintenance or repair of state highways and bridges carried out under the direction and supervision of the Wisconsin Department of transportation is not subject to local shoreland zoning ordinances if s. 30.2022 (1), Stats. applies. (NR 115.02). Section 22.101.03 Finding of Fact Uncontrolled use of the shorelands and pollution of the navigable waters of Marathon County, WI will adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The legislature of Wisconsin has delegated responsibility to the counties to further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; and to preserve shore cover and natural beauty. This responsibility is hereby recognized by Marathon County, Wisconsin. Section 22.101.04 Purpose and Intent For the purpose of promoting the public health, safety, convenience and welfare, and promote and protect the public trust in navigable waters this ordinance has been established to: A. Further the maintenance of safe and healthful conditions and prevent and control water pollution through: 1. Limiting structures to those areas where soil and geological conditions will provide a safe foundation. 2. Establishing minimum lot sizes to provide adequate area for private on-site wastewater treatment systems. 3. Controlling filling and grading to prevent soil erosion problems. 4. Limiting impervious surfaces to control runoff which carries pollutants. Table of Contents Title 1 1
Title 1: Table of Contents Title 1 B. Protect spawning grounds, fish and aquatic life through: 1. Preserving wetlands and other fish and aquatic habitat. 2. Regulating pollution sources. 3. Controlling shoreline alterations, dredging and lagooning. C. Control building sites, placement of structures and land uses through: 1. Prohibiting certain uses detrimental to the shoreland-wetlands. 2. Setting minimum lot sizes and widths. 3. Setting minimum building setbacks from waterways. 4. Setting the maximum height of near shore structures. D. Preserve and restore shoreland vegetation and natural scenic beauty through: 1. Restricting the removal of natural shoreland cover. 2. Preventing shoreline encroachment by structures. 3. Controlling shoreland excavation and other earth moving activities. 4. Regulating the use and placement of boathouses and other structures. Section 22.101.05 Interpretation A. The provisions of this ordinance shall be liberally construed in favor of the county and shall not be deemed a limitation or repeal of any other powers granted by Wisconsin Statutes. Where a provision of this ordinance is required by Wisconsin Statues and, a standard in ch. NR 115, Wis. Adm. Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of Wisconsin Statues and the ch. NR 115 standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance. 2
Title 1: Section 22.101.06 Conflict Whenever the regulations of this Zoning Ordinance conflict with any other lawfully adopted rules, regulations or ordinances, private deed restrictions or private covenants, the more restrictive or that imposing the highest standards shall govern. This chapter shall not repeal, impair or modify private covenants or other ordinances, except that it shall apply whenever it imposes stricter regulations. Section 22.101.07 Inconsistencies In the event any of the requirements or regulatory provisions of these regulations are found to be inconsistent one with another, the more restrictive or greater requirements shall be deemed in each case to be applicable. Section 22.101.08 Compliance with Other Applicable Regulations All uses and associated premises, buildings, structures, activities, roads, parking areas, utilities, construction, shall be in compliance with the county subdivision regulations, applicable building and health codes and all other applicable regulations adopted by County Board and administered by the County of Marathon. Compliance with all State building departments and other applicable State and Federal agencies are required. Section 22.101.09 Validity and Separability If any portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected. Section 22.101.10 Repealer All existing ordinances of Marathon County, Wisconsin pertaining to shoreland zoning that are inconsistent herewith are hereby repealed. Section 22.101.11 Abrogation and Greater Restrictions [s. 59.692(5) Wis. Stats]. The provisions of this ordinance supersede any provisions in a county zoning ordinance that solely relate to shorelands, in other words, if a zoning standard only applies to lands that lie within the shoreland and applies because the lands are in shoreland, then this ordinance supersedes those provisions. However, where an ordinance adopted under a statute other than s.59.692 Wis. Stats. does not solely relate to shorelands and is more restrictive than this ordinance, for example a floodplain ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions. 1. [s.59.692(2)(a) Wis. Stats] This ordinance shall not require approval or be subject to disapproval by any town or town board. 2. {s.59.692(2)(b) Wis. Stats] If an existing town ordinance relating to shorelands is more restrictive than this ordinance or any amendments thereto, the town ordinance continues in all respects to the extent of the greater restrictions but not otherwise. 3. This ordinance is not intended to repeal, abrogate, or impair any existing deed restrictions, covenants, or easements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. Table of Contents Title 1 3
Title 1: Table of Contents Title 1 4. The following provisions of the Marathon County Zoning Ordinance are hereby incorporated by reference; these provisions shall only apply to the shoreland area where they impose greater restrictions than this ordinance otherwise imposes. 5. [s.59.692(1d)(b) Wis. Stats] This ordinance may establish standards to regulate matters that are not regulated in NR115, but that further the purposes of shoreland zoning as described in section 1.3 of this ordinance. 6. [s.59692(1k)(a)1. Wis. Stats] Counties may not establish shoreland zoning standards in a shoreland zoning ordinance that requires any of the following: a. Approval to install or maintain outdoor lighting in shorelands, impose any fee or mitigation requirement to install or maintain outdoor lighting in shorelands, or otherwise prohibits or regulates outdoor lighting in shorelands if the lighting is designed or intended for residential use. b. Requires any inspection or upgrade of a structure before the sale or other transfer of the structure may be made. 7. [s.59.692(7). Wis. Stats] The construction and maintenance of a facility is considered to satisfy the requirements of a shoreland ordinance if: a. The Department of Natural Resources has issued all required permits or approvals authorizing the construction or maintenance under ch. 30, 31, 281, or 283. b. A facility means any property or equipment of a public utility, as defined in s. 196.01 (5), or a cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, or power to its members only, that is used for the transmission, delivery or furnishing of natural gas, heat, light or power. Section 22.101.12 Effective Date This, -Wetland, and Ordinance shall take effect and be in force from the date adopted by the Marathon County Board of Supervisors until a revision is completed. 4
TITLE 2: Chapter 22.201 SHORELAND : Areas to be Regulated Areas regulated by this ordinance shall include all the lands (referred to herein as shorelands) in the unincorporated areas of Marathon County which are: Section 22.201.01 Lakes, Ponds and Flowages Within one thousand (1,000) feet of the Ordinary High Water Mark of navigable lakes, ponds or flowages, or to the landward side of the floodplain, whichever distance is greater. Lakes, ponds or flowages in the county shall be presumed to be navigable if they are listed in the Wisconsin Department of Natural Resources publication FH-800 2009 Wisconsin Lakes book available electronically at the following web site: http://dnr.wi.gov/lakes/lakebook/wilakes2009bma.pdf or are shown on United States Geological Survey quadrangle maps (1:24,000 scale), or other zoning base maps. Table of Contents Title 1 Section 22.201.02 Navigable Rivers & Streams Within three hundred (300) feet of the Ordinary High Water Mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams in the county shall be presumed to be navigable if they are designated as perennial waterways or intermittent waterways on United States Geological Survey quadrangle maps (1:24,000). Flood hazard boundary maps, flood insurance rate maps, flood boundaryfloodway maps, county soil survey maps or other existing county floodplain zoning maps shall be used to delineate floodplain areas. Section 22.201.03 - Wetland Maps The most recent version of the Wisconsin Wetland Inventory as depicted on the Department of Natural Resources Surface Water Data Viewer is made part of this ordinance. The maps can be viewed at http://dnrmaps.wi.gov/sl/viewer.html?viewer=swdv&runworkflow=wetland Section 22.201.04 Determination of Navigability Determinations of navigability and Ordinary High Water Mark location shall initially be made by the zoning administrator. When questions arise, the zoning administrator shall contact the appropriate office of the Department of Natural Resources for a final determination of navigability or Ordinary High Water Mark. The county may work with surveyors with regard to s.59.692(h). 5
: Table of Contents Title 1 Section 22.201.05 Areas Exempt from Zoning Ordinance. A. Under s. 281.31(2m), notwithstanding any other provision of law or administrative rule promulgated thereunder, this shoreland zoning ordinance does not apply to: 1. Lands adjacent to farm drainage ditches if: a. Such lands are not adjacent to a natural navigable stream or river; b. Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and 2. Lands adjacent to artificially constructed drainage ditches, ponds or stormwater retention basins that are not hydrologically connected to a natural navigable water body. 6
Chapter 22.202 : - Wetlands Section 22.202.01 Purpose This district is created to maintain safe and healthful conditions, to prevent water pollution, to protect fish spawning grounds and wildlife habitat, to preserve shore cover and natural beauty and to control building and development in wetlands whenever possible. When development is permitted in a wetland, the development should occur in a manner that minimizes adverse impacts upon the wetland. Section 22.202.02 Designation This district shall include all shorelands within the jurisdiction of this ordinance which are designated as wetlands on the most recent version of the Wisconsin Wetland Inventory as depicted on the Department of Natural Resources Surface Water Data Viewer. Section 22.202.03 Locating Wetland Boundaries Where an apparent discrepancy exists between the shoreland-wetland district boundary shown on the Wisconsin Wetland Inventory and actual field conditions, the county shall contact the Department to determine if the map is in error. If the Department determines that a particular area was incorrectly mapped as wetland or meets the wetland definition but was not shown as wetland on the map, the county shall have the authority to immediately grant or deny a shoreland zoning permit in accordance with the applicable regulations based on the Department determination as to whether the area is wetland. In order to correct wetland mapping errors on the official zoning map, an official zoning map amendment must be initiated within a reasonable period of time. Section 22.202.04 Permitted Uses The following uses shall be allowed, subject to general shoreland zoning regulations contained in this ordinance, the provisions of chs. 30, 31, 281.36 and 281.37, Wis. Stats. and the provisions of other applicable local, state and federal laws: A. Activities and uses which do not require the issuance of a zoning permit, but which must be carried out without any filling, flooding, draining, dredging, ditching, tiling or excavating. 1. Hiking, fishing, trapping, hunting, swimming, and boating; 2. The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits, and tree seeds, in a manner that is not injurious to the natural reproduction of such crops; 3. The pasturing of livestock; 4. The cultivation of agricultural crops; 5. The practice of silviculture, including the planting, thinning, and harvesting of timber; and 6. The construction or maintenance of duck blinds. B. Uses which do not require the issuance of a zoning permit and which may include limited filling, flooding, draining, dredging, ditching, tiling, or excavating but only to the extent specifically provided below: Table of Contents Title 1 7
: Table of Contents Title 1 1. Temporary water level stabilization measures necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on silvicultural activities if not corrected; 2. The cultivation of cranberries including flooding, dike and dam construction, or ditching necessary for the growing and harvesting of cranberries; 3. The maintenance and repair of existing agricultural drainage systems including ditching, tiling, dredging, excavating and filling necessary to maintain the level of drainage required to continue the existing agricultural use. This includes the minimum filling necessary for disposal of dredged spoil adjacent to the drainage system provided that dredged spoil is placed on existing spoil banks where possible; 4. The construction or maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance; 5. The construction or maintenance of piers, docks or walkways built on pilings, including limited excavating and filling necessary for such construction and maintenance; and 6. The maintenance, repair, replacement or reconstruction of existing town and county highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction. C. Uses which require the issuance of a zoning permit and which may include limited filling, flooding, draining, dredging, ditching, tiling or excavating, but only to the extent specifically provided below: 1. The construction and maintenance of roads which are necessary to conduct silvicultural activities or agricultural cultivation, provided that: a. The road cannot as a practical matter be located outside the wetland; b. The road is designed and constructed to minimize adverse impact upon the natural functions of the wetland enumerated in section 22.202.06(B); c. The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use; and d. Construction activities are carried out in the immediate area of the roadbed only. 2. The construction or maintenance of nonresidential buildings, provided that: a. The building is essential for and used solely in conjunction with the raising of waterfowl, minnows or other wetland or aquatic animals; or some other use permitted in the shoreland-wetland district; b. The building cannot, as a practical matter, be located outside the wetland; c. Such building is not designed for human habitation and does not exceed 500 sq. ft. in floor area; and d. Only limited filling or excavating necessary to provide structural support for the building is authorized. 3. The establishment of public and private parks and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game bird and animal farms, fur animal farms, fish hatcheries, and public boat launching ramps and attendant access roads, provided that: a. Any private development is used exclusively for the permitted use and the applicant has received a permit or license under ch. 29, Wis. Stats., where applicable; b. Filling or excavating necessary for the construction or maintenance of public boat launching ramps or attendant access roads is allowed only where such construction or maintenance meets the criteria in section 22.202.04 C.1. a.-d.; and 8
: c. Ditching, excavating, dredging, or dike and dam construction in public and private parks and recreation areas, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game bird and animal farms, fur animal farms, and fish hatcheries is allowed only for the purpose of improving wildlife habitat and to otherwise enhance wetland values. D. The construction or maintenance of electric, gas, telephone, water and sewer transmission and distribution facilities, by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to their members and the construction or maintenance of railroad lines provided that: 1. The transmission and distribution facilities and railroad lines cannot, as a practical matter, be located outside the wetland; 2. Such construction or maintenance is done in a manner designed to minimize adverse impact upon the natural functions of the wetland enumerated in section 22.202.06 B. Section 22.202.05 Prohibited Uses Any use not listed in section 22.202.04 is prohibited, unless the wetland or portion of the wetland has been rezoned by amendment of this ordinance in accordance with section 22.202.06 of this ordinance and s. 59.69(5)(e), Wis. Stats. Table of Contents Title 1 9
: Table of Contents Title 1 Section 22.202.06 Rezoning of Lands in the -Wetland District A. For all proposed text and map amendments to the shoreland-wetland provisions of this ordinance, the Marathon County Conservation, Planning and Zoning Department shall provide the following to the WI Department of Natural Resources: 1. A copy of every petition for a text or map amendment to the shoreland-wetland provisions of this ordinance, within 5 days of the filing of such petition with the county clerk. Such petition shall include a copy of the Wisconsin Wetland Inventory map adopted as part of this ordinance describing any proposed rezoning of a shorelandwetland; 2. Written notice of the public hearing to be held on a proposed amendment at least 10 days prior to such hearing; 3. A copy of the county zoning agency's findings and recommendations on each proposed amendment within 10 days after the submission of those findings and recommendations to the county board; and 4. Written notice of the county board's decision on the proposed amendment within 10 days after it is issued. B. A wetland, or a portion thereof, in the shoreland-wetland district shall not be rezoned if the proposed rezoning may result in a significant adverse impact upon any of the following: 1. Storm and flood water storage capacity; 2. Maintenance of dry season stream flow, the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area, or the flow of groundwater through a wetland; 3. Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters; 4. Shoreline protection against soil erosion; 5. Fish spawning, breeding, nursery or feeding grounds; 6. Wildlife habitat; or 7. Wetlands both within the boundary of designated areas of special natural resource interest and those wetlands which are in proximity to or have a direct hydrologic connection to such designated areas as defined in NR 103.04 which can be accessed at the following web site: http://www.legis.state.wi.us/rsb/code/nr/nr103.pdf C. If the Department notifies the county zoning agency that a proposed text or map amendment to the shoreland-wetland provisions of this ordinance may have a significant adverse impact upon any of the criteria listed in section 22.202.06 B. of this ordinance, that amendment, if approved by the county board, shall contain the following provision: "This amendment shall not take effect until more than 30 days have elapsed after written notice of the county board's approval of this amendment is mailed to the Department of Natural Resources. During that 30-day period the Department of Natural Resources may notify the county board that it will adopt a superseding shoreland ordinance for the county under s. 59.692(6), Wis. Stats. If the Department does so notify the county board, the effect of this amendment shall be stayed until the s. 59.692(6) adoption procedure is completed or otherwise terminated." 10
Chapter 22.203 : Land Division Section 22.203.01 Review of Land Division The county shall review, pursuant to s. 236.45, Wis. Stats., all land divisions in shoreland areas which create 3 or more parcels or building sites of 5 acres each or less within a 5-year period. In such review all of the following factors shall be considered: A. Hazards to the health, safety or welfare of future residents. B. Proper relationship to adjoining areas. C. Public access to navigable waters, as required by law. D. Adequate stormwater drainage facilities. E. Conformity to state law and administrative code provisions. Section 22.203.02 Planned Residential Unit Development (PUD) A. Purpose. The Planned Residential Unit Development is intended to permit smaller nonriparian lots where the physical layout of the lots is so arranged as to better assure the control of pollution and preservation of ground cover than would be expected if the lots were developed with the normal lot sizes and setbacks and without special conditions placed upon the Planned Residential Unit Development at the time of its approval. A condition of all Planned Residential Unit Development is the preservation of certain open space, preferably on the shoreland, in perpetuity. B. Requirements for Planned Residential Unit Development. The County Board may at its discretion, upon its own motion or upon petition, approve a Planned Residential Unit Development Overlay District upon finding, after a public hearing, that all of the following facts exist: 1. Area. The area proposed for the Planned Residential Unit Development shall be at least 2 acres in size or have a minimum of 200 feet of frontage on a navigable water. 2. Lots. Any proposed lot in the Planned Residential Unit Development that does not meet the minimum size standards of Section 22.203.03 shall be a non-riparian lot. 3. Vegetative buffer zone and preservation of ground cover. The location of lots and the dedication of part of the land for use by the public or residents of the Planned Residential Unit Development shall preserve the vegetative buffer zone and ground cover of the shoreland to enhance scenic beauty of the navigable water, prevent erosion, and provide wildlife habitat. All lands not used for lots and streets shall be dedicated in perpetuity to remain in open space. This may be accomplished by conveyance in common to each of the owners of lots in the development or to a corporation formed by them, or by dedication to the county, town or municipality. Lands dedicated to the public must be accepted by action of the governing body of the accepting unit of government. If the land is to be conveyed to owners of lots in the development, a homeowner's association or similar legally constituted body shall be created to maintain the open space land. Any restriction placed on platted land by covenant, grant of easement or any other manner which was required by a public body or which names a public body as grantee, promisee or beneficiary, shall vest in the public body the right to enforce the restriction at law or in equity against anyone who has or acquires an interest in the land subject to the restriction. Table of Contents Title 1 11
: Table of Contents Title 1 4. Density. The number of platted lots shall not exceed those which would have been possible if the same land were platted in accordance with the minimum lot sizes and widths provided by the applicable provisions of the zoning ordinance. This figure shall be determined by dividing the total area of the subdivision by the minimum lot size required by Section 22.203.03 of this ordinance. 5. Lot sizes, widths, setbacks, and vegetation removal. When considering approval of a Planned Residential Unit Development the governing body shall consider whether proposed lot sizes, widths, and setbacks are of adequate size and distance to prevent pollution or erosion along streets or other public ways and waterways. Increased shoreland setbacks shall be a condition of approval as a way of minimizing adverse impacts of development. Shore cover provisions in Section 22.205.02 and 22.205.03 shall apply except that maximum width of a lake frontage opening shall be 100 feet and minimum vegetative buffer depth shall be increased to offset the impact of the proposed development. Section 22.203.03 Minimum Lot Size Minimum lot sizes in the shoreland area shall be established to afford protection against danger to health, safety and welfare, and protection against pollution of the adjacent body of water. A. Sewered Lots: Minimum Area and Width for Each Lot. The minimum lot area shall be 10,000 sq. ft. and the minimum average lot width shall be 65 feet. B. Unsewered Lots: Minimum Area and Width for Each Lot. The minimum lot area shall be 20,000 sq. ft. and the minimum average lot width shall be 100 feet. Note: In calculating the minimum area or width of a lot, the beds of navigable waters shall not be included. Section 22.203.04 Determination of Average Lot Width The average lot width shall be calculated by averaging the measurements at the following locations: A. The Ordinary High Water Mark. B. The building setback line. C. Road Frontage. Section 22.203.05 Substandard Lots A. A legally created lot or parcel that met minimum area and minimum average width requirements when created, but does not meet current lot size requirements, may be used as a building site if all of the following apply: 1. The substandard lot or parcel was never reconfigured or combined with another lot or parcel by plat, survey, or consolidation by the owner into one property tax parcel. 2. The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel. 3. The substandard lot or parcel is developed to comply with all other ordinance requirements. B. For lots which do not meet the requirements of section 22.203.05(A), a building permit for the improvement of a lot having lesser dimensions than those stated in section 22.203.03 shall be issued only if a variance is granted by the board of adjustment. 12
Chapter 22.204 : Structure Setbacks & Height Section 22.204.01 Structure Setback from Ordinary High Water Mark Permitted building setbacks shall be established to conform to health, safety and welfare requirements, preserve natural beauty, reduce flood hazards and avoid water pollution. Unless exempt under 22.204.02, or reduced under 22.204.03, a setback of 75 feet from the Ordinary High Water Mark of any navigable waters to the nearest part of a building or structure shall be required for all buildings and structures. Section 22.204.02 Exempt Structures from Setbacks A. Boathouses. 1. New a. Located entirely above the Ordinary High Water Mark. b. Entirely within the access and viewing corridor. c. Do not contain plumbing and are not used for human habitation. d. Shall be designed and used exclusively for the storage of watercraft and related equipment. e. The area of a boathouse shall not exceed 400 square feet. f. A one (1) foot wide soffit may extend beyond the exterior walls. g. The dimension more or less parallel to the shore shall not exceed 14 feet. h. The maximum height of the sidewalls shall not exceed 8 feet in height from the top plate to the finished floor. i. Roof pitch may not be less than 4:12 (rise to run) nor steeper than 6:12. j. The water side of a boathouse shall be set back at least 3 feet and no more than 20 feet from the Ordinary High Water Mark. k. Only one boathouse allowed on the property. 2. Existing a. Same as A.1.a.-d. b. The roof of a boathouse may be used as a deck provided that: (1) The boathouse has a flat roof (2) The roof has no side walls or screens (3) The roof may have a railing that meets the Department of Safety and Professional Services standards. B. Open sided and screened structures such as gazebos, decks, patios and screen houses in the shoreland setback area that satisfy the requirements in s. 59.692(1v), Stats. 1. The part of the structure that is nearest to the water is located at least 35 feet landward from the Ordinary High Water Mark. 2. The floor area of all the structures in the shoreland setback area will not exceed 200 square feet. 3. The structure that is the subject of the request for special zoning permission has no sides or has open or screened sides. 4. The county must approve a plan pursuant to sections 22.205.02 and 22.205.03 that will be implemented by the owner of the property to preserve or establish a vegetative buffer zone that covers at least 70% of the half of the shoreland setback area that is nearest to the water. C. Broadcast signal receivers, including satellite dishes or antennas that are one meter or less in diameter and satellite earth station antennas that are 2 meters or less in diameter. Table of Contents Title 1 13
: Table of Contents Title 1 D. Utility transmission and distribution lines, poles, towers, water towers, pumping stations, well pump house covers, private on-site wastewater treatment systems that comply with ch. SPS 383, and other utility structures that have no feasible alternative location outside of the minimum setback and that employ best management practices to infiltrate or otherwise control storm water runoff from the structure. E. Walkways, stairways or rail systems that are necessary to provide pedestrian access to the shoreline and are a maximum of 5 feet in width. F. Open Fences 1. Fence to be 50% or greater opacity viewed from any direction 2. Maximum height of 4 feet 3. Barbed wire or similar hazardous materials are prohibited, except for agricultural uses G. Devices or systems used to treat runoff from impervious surfaces 14
: Section 22.204.03 Reduced Principal Structure Setbacks Existing development pattern means that principal structures exist within 250 feet of the proposed principal structure in both directions along the shoreline. Where there is an existing development pattern, the shoreland setback for a proposed principal structure may be reduced to the average shoreland setback of the principal structure on each adjacent lot within 250 feet of the proposed principle structure. The shoreland setback may not be reduced to less than 35 feet from the Ordinary High Water Mark of any navigable waters. Section 22.204.04 Buildings and structures to be constructed or placed in a floodplain shall be required to comply with any applicable floodplain zoning ordinance. See for additional regulations. Section 22.204.05 Height within 75 Feet of the Ordinary High Water Mark To protect and preserve wildlife habitat and natural scenic beauty, on or after February 1, 2010, a county may not permit any construction that result in a structure taller than 35 feet within 75 feet of the Ordinary High Water Mark of any navigable waters. Section 22.204.06 Method of Measurement Structure height is the measurement of the vertical line segment starting at the lowest point of any exposed wall and it s intersect with the ground (Point A in the following diagram) to a line horizontal to the highest point of a structure (Point B in the following diagram), unless specified under other sections of this code. Figure 1. Height Measurements Table of Contents Title 1 15
: Table of Contents Title 1 Chapter 22.205 Section 22.205.01 Purpose Vegetation To protect natural scenic beauty, fish and wildlife habitat, and water quality, a county shall regulate removal of vegetation in shoreland areas, consistent with the following: The county shall establish ordinance standards that consider sound forestry and soil conservation practices and the effect of vegetation removal on water quality, including soil erosion, and the flow of effluents, sediments and nutrients. Section 22.205.02 Establishment of a Vegetation Buffer A. The owner(s) or their agent shall submit a plan that will be implemented by the owner of the property to establish, preserve, enhance and/or restore a vegetative buffer zone that covers at least 70% of the half of the shoreland setback area that is nearest to the water. The plan must be approved by the Marathon County Conservation, Planning, and Zoning Department. B. For the plan to be approved: 1. It must be binding on the owner, his/her heirs, successors, and assignees, and must authorize entrance onto the property by zoning staff for inspections to assure compliance with the plan. 2. The agreement shall be written and recordable on forms provided by the Marathon County Conservation, Planning, and Zoning Department and recorded with the Register of Deeds. This also applies to preservation of an existing natural buffer. 3. Failure to comply with the plan and/or subsequent removal of vegetation from the vegetative buffer zone will cause the Marathon County Conservation, Planning, and Zoning Department to revoke the Zoning Permit and order the removal of any structure(s) authorized by a Special Zoning Permit. C. To be considered for approval a plan to establish, preserve, enhance and/or restore a vegetative buffer zone shall, at a minimum, contain: 1. A binding agreement with the owner, his/her heirs, successors, and assignees, must authorize entrance onto the property by zoning staff for inspections to assure compliance with the plan. The agreement shall be written and recordable on forms provided by the Marathon County Conservation, Planning, and Zoning Department and recorded with the Register of Deeds. This also applies to preservation of an existing natural buffer; 2. A description of how the landowner intends to carry out the project, including methods, materials and equipment to be used; 3. A proposed schedule and sequence of work activities; 4. The names, descriptions, and densities of native species to be utilized in the restoration work, including ground cover, shrubs, and tree layers; 5. A description of the site before the project begins and a description of the proposed site once the buffer is completed; and 6. The erosion control measures that will be used during construction of the permitted structure and vegetative buffer zone to control sediment, runoff and protect water quality. D. To be considered for approval a plan to establish, preserve, enhance, and/or restore an existing a native vegetative buffer zone shall, at a minimum, contain: 1. A description of how the homeowner intends to maintain the buffer including no mow plans; 2. Supplemental plantings of native species which at a minimum will result in the following: in every 100 square feet there shall be: a. One tree (minimum 3 species); b. Two shrubs (minimum 4 species); and 16
: c. Seventy plugs of ground cover or approved seed mix; or d. If plant density cannot be met, documentation by the applicant may be submitted for approval showing all of section 22.101.04, purpose and intent, are being met or exceded and approved by the Marathon County Conservation Planning and Zoning Department. 3. Removal of non-native species (e.g. purple loosestrife); and 4. The erosion control measures that will be used during construction of the permitted structure and any disturbance in the vegetative buffer zone due to planting or removal of non-natives to control sediment, runoff and protect water quality. 5. Plan must meet NRCS technical standard 643A and Wisconsin Biology Technical Note 1: Habitat. E. An applicant shall submit a vegetative buffer plan for approval prior to issuance of a zoning permit. F. A shoreland grading (earth disturbance) permit may be required to implement a vegetative buffer zone plan. G. Removal of the shoreyard structure will not relinquish the recorded agreement or permit the removal, destruction, degradation, and/or reduction in size of the shoreland vegetative buffer. Table of Contents Title 1 Section 22.205.03 Permitted Maintenance in Vegetation Buffer Zone A vegetation buffer zone is established to protect water quality, fish and wildlife habitat and natural scenic beauty, and to promote preservation and restoration of native vegetation. The county ordinance shall designate land that extends from the Ordinary High Water Mark to a minimum of 35 feet inland as a vegetative buffer zone and prohibit removal of vegetation in the vegetative buffer zone except as follows: A. The county may allow routine maintenance of vegetation. B. The county may allow removal of trees and shrubs in the vegetative buffer zone to create access and viewing corridors, provided that the combined width of all access and viewing corridors on a riparian lot or parcel may not exceed 35 percent of the shoreline. C. The county may allow removal of trees and shrubs in the vegetative buffer zone on a parcel with 10 or more acres of forested land consistent with generally accepted forestry management practices as defined in s. NR 1.25(2)(b), and described in Department publication Wisconsin Forest Management Guidelines (publication FR-226), provided that vegetation removal be consistent with these practices. D. The county may allow removal of vegetation within the vegetative buffer zone to manage exotic or invasive species, damaged vegetation, vegetation that must be removed to control disease, or vegetation creating an imminent safety hazard, provided that any vegetation removed be replaced by replanting in the same area as soon as practicable. E. The county may authorize by permit additional vegetation management activities in the vegetative buffer zone. The permit issued under this subd. par. shall require that all management activities comply with detailed plans approved by the county and designed to control erosion by limiting sedimentation into the waterbody, to improve the plant community by replanting in the same area, and to maintain and monitor the newly restored area. The permit also shall require an enforceable restriction to preserve the newly restored area. Section 22.205.04 Violation of Vegetation Buffer Zone and/or Filling, Grading or Excavating Any violation pursuing to 22.205.03 or 22.206 shall be subject to Establishment of the vegetation buffer as in 22.205.02 and subject to fines and forfeitures set in section 22.403. 17
Table of Contents Title 1 Chapter 22.206 : Filling, Grading, and Excavating Section 22.206.01 Filling, Grading, and Excavating less than one (1) Acre Filling, grading or excavating within 300 feet of a navigable water body shall be governed by the following: A. Applicants shall submit a Alteration Permit to the zoning administrator showing the following: 1. Proposed and existing principal and accessory structures. 2. Fencing. 3. Paving. 4. Landscaping. 5. Screening. 6. Private sewage system location. 7. Driveways. 8. Plans for management of surface waters and storm water. 9. North arrow. 10. Measurement of setbacks for buildings and lot lines. 11. Slopes and areas to be excavated, filled, or graded (Existing and Proposed). 12. Signature of person responsible for the work. B. The site plan must demonstrate that the site has sufficient and usable space for all the above referenced requirements in section 22.206.01 A. A permit shall be denied if the activity threatens to cause unreasonable erosion, sedimentation or disruption of fish or wildlife habitat or natural scenic beauty and any permits granted shall be conditioned with the standards outlined below which may be modified at the discretion of the zoning administrator. C. Standards. 1. Filling, grading, and excavating activities shall be performed using appropriate best management practices specified in the DNR construction site erosion control manual. 2. The area of soil exposed and duration of exposure shall be minimized. 3. Fill shall not be deposited in any floodplain or wetland without proper written authorization. 4. Erosion control practices shall be instituted on all projects within 100 feet of the Ordinary High Water Mark of a lake or stream on slopes greater than 5% and on all projects within 25 feet of a property line. These practices shall remain until vegetation has stabilized the area and sufficiently to deter erosion. 5. Maximum of a 3 foot horizontal to a 1 foot vertical finished grade. 6. No spoils shall be placed within 35 feet of the Ordinary High Water Mark. 7. No heavy equipment shall be permitted to operate on or below the Ordinary High Water Mark. 8. Areas to be altered contiguous to the Ordinary High Water Mark shall not exceed 200 square feet. 9. Total area to be approved shall not exceed 1 acre in size including the identified POWTS area. 18
: 10. Post construction runoff shall be considered and appropriately controlled to prevent erosion and sediment transport. 11. Upland slopes and drainage ways shall be stabilized according to accepted engineering practices. 12. The fill and grade permit shall become void if no activity has begun within six months of the date of issuance of the permit unless an extension is granted by the Zoning Administrator for another 6 month period. After one year, a new fill and grade permit is required. If the filling, grading, or excavating has not been completed within 2 years of the date of issuance, the permit shall be revoked by the Zoning Administrator, and written notice shall be given to the persons affected, with notice that further work, described on the revoked permit shall not proceed unless and until a new permit has been obtained. Section 22.206.02 Filling, Grading, and Excavating Equal to or Greater than one (1) Acre Filling, grading or excavating equal to or greater than 1 acre within 300 feet of a navigable water body shall be governed by the following: A. A fill and grade permit as specified in section 22.206.01, and B. Copy of approved applicable permits from state and federal agencies. Table of Contents Title 1 19